Facing foreclosure is one of the most stressful experiences a homeowner can go through, and the legal process that surrounds it can feel overwhelming and confusing. If you own a home in New York and have received notice of a foreclosure action, you will likely encounter something called a mandatory settlement conference at an early stage of the proceedings. Understanding what this conference is, what to expect, and how to prepare for it can make a significant difference in the outcome of your case.
At Poltielov Law Firm P.C., we represent homeowners throughout Queens, Brooklyn, and the surrounding areas who are navigating foreclosure and fighting to keep their homes. Our team knows the mandatory settlement conference process inside and out, and we are here to make sure you walk in prepared and with someone firmly in your corner.
If you are facing foreclosure and have questions about your rights and options, call us today at (718) 520-0085 to speak with a member of our team.
A mandatory settlement conference is a court-supervised meeting between a homeowner and their lender that is required under New York law in residential foreclosure cases. CPLR Section 3408 mandates these conferences for foreclosure actions involving owner-occupied homes. The goal is to bring both parties to the table early in the process to explore alternatives to foreclosure, such as a loan modification, forbearance agreement, or repayment plan.
The conference is scheduled by the court after the initial foreclosure filing but before any judgment of foreclosure is entered. Because it happens early, it represents one of the most important opportunities a homeowner has to intervene in the foreclosure timeline and potentially resolve the matter without losing their home.
New York’s mandatory settlement conference is one of the strongest homeowner protections in the country, but only homeowners who understand it and engage with it properly can take full advantage of it.
The mandatory settlement conference must be scheduled within 60 days of the filing of the Request for Judicial Intervention, commonly referred to as the RJI. Homeowners typically receive notice of the conference by mail. The conference is held at the county Supreme Court where the property is located. For homeowners in Queens, that means Queens County Supreme Court. For those in Brooklyn, the conference takes place in Kings County.
Both the lender and the homeowner are required to attend.
If you have retained an attorney, your attorney can appear on your behalf or alongside you. In some cases, courts permit virtual appearances, but this depends on the specific court and the circumstances of the case. Missing a scheduled conference without proper notice can have serious consequences, so it is critical to take the notice seriously and respond promptly.
A mandatory settlement conference is a key step in the foreclosure process, designed to give homeowners and lenders an opportunity to find solutions before the case moves forward. At Poltielov Law Firm P.C., our attorneys guide clients through every stage of the conference, helping you prepare the right documents, understand negotiation options, and advocate effectively for alternatives to foreclosure.
The conference is presided over by a court referee or attorney referee whose role is to facilitate negotiation between the two parties rather than make a ruling on the merits of the case. The lender is required to send a representative who has actual authority to negotiate loss mitigation options, including loan modifications. A representative who attends without that authority is not in compliance with the law, which is something a foreclosure defense attorney can raise directly with the referee.
As the homeowner, you will be expected to engage in good faith discussions about your financial situation and your goals for the property. This is why preparation matters so much. Homeowners should come to the conference with a complete set of financial documents, including:
The mandatory settlement conference does not always resolve in a single session. The possible outcomes at any given conference include:
The fact that a single conference doesn’t result in immediate resolution does not mean the process has failed. Many cases require multiple conferences before an agreement is reached, and the back-and-forth is a normal and expected part of the process.
Individual conferences are typically brief, usually lasting between 15 and 30 minutes. However, if discussions are productive and both parties are actively engaging, a conference can run longer. More significantly, the overall settlement conference process frequently extends over several months because adjournments are common.
Adjournments occur when additional documentation is needed, when the lender’s loss mitigation department requires more time to review a modification application, or when the parties need additional time to reach an agreement. While this can feel frustrating, it also works in a homeowner’s favor by pausing the foreclosure timeline during active negotiations. Being well-prepared with organized, complete documentation from the beginning helps avoid unnecessary delays and demonstrates good faith to both the referee and the court.
Preparation is the single most important thing a homeowner can do before their first conference. Coming in without the required documents or without a clear understanding of your goals gives the lender’s attorney a significant advantage. Before your conference, you should:
The mandatory settlement conference may be designed to level the playing field between homeowners and lenders, but lenders still show up with experienced attorneys and legal teams who do this every day. Going in without representation puts you at a real disadvantage when it comes to understanding what you are being offered, whether a proposed modification is actually in your interest, and what your rights are if the lender is not negotiating in good faith.
A foreclosure defense lawyer can attend the conference with you, review any proposed agreements before you sign anything, hold the lender accountable to New York’s legal standards, and advocate for the best possible resolution given your circumstances.
At Poltielov Law Firm P.C., our real estate litigation and foreclosure defense teams have guided homeowners through this exact process and know how to use every available tool to protect your home and your rights.
If you have received a foreclosure notice or a conference date, do not wait to get help. Contact Poltielov Law Firm P.C. today at (718) 520-0085 to schedule your consultation with an experienced New York foreclosure attorney.
